Meanwhile, Nifong struggled to get his story straight as to why the swearing-in of a public official—the county’s “minister of justice”—was closed to the public.

The initial line? A scheduling snafu, caused by the fact that the building didn’t open till 8.30. Yet, as Liestoppers noted, the building had opened earlier for previous swearing-in ceremonies.

Then he admitted he had played a role in keeping the public out, but the explanation came in the need to protect his staff: “The whole point of this was this was not a media event, This was an event that was required of us so we could get back to work and do our jobs. The message we tried to send was this: This is 2007. We’re here to do our jobs. We’re not here to basically help you guys sell newspapers or press coverage.”

But, of course, his staff wasn’t required to attend the event (I gather that few of them did), and the swearing-in didn’t take place in the D.A.’s office, where it would hamper their work. Moreover, Nifong certainly seemed to be eager to issue public statements when it served his purposes.

And then the explanation was the type of swearing-in: it was a formality, unlike his initial swearing-in (which was open to the public).

By this logic, the swearing-in ceremonies of re-elected presidents should occur outside the public view.

This is a man who appears to be delusional, and yet holds enormous power as his county’s top prosecutor. Where is the federal government?

I wonder if some sort of state law or policy was broken this morning. I can't help but wonder if it is required of public servants to be sworn into office in public. Just a thought. It certainly would not be the first, second or third law Nifong has broken.

One thinks of the famous swearing-in of Calvin Coolidge when he was visiting the family home in New England. He got word that President Warren G. Harding had died, and had his father, a judge, do the immediate swearing-in.

However, I do think that there was a later "formalized" ceremony in Washington after Coolidge arrived there. K.C. is the historian, however, and he would have to confirm that story.

As for Nifong, I hardly was surprised. First, that the ceremony was hidden from the public. Second, that he lied about it.

Isn't that how the guy has operated for the entire Duke case? First, he makes secret deals and depends upon secrecy to push the case, i.e., his secret arrangement with Brian Meehan to hide exculpatory evidence.

Second, we do not call the guy Liefong for nothing. He lied to the judge, lied to the press, and lied about everything else in the case. Literally, not one thing he has said is true.

He was visiting at the family home, still without electricity or telephone, when he got word of Harding's death. His father, a notary public, administered the oath of office in the family's parlor by the light of a kerosene lamp at 2:47 a.m. on August 3, 1923; Coolidge was re-sworn by Chief Justice William Howard Taft upon his return to Washington, D.C.

Keep in mind the Democrats are in power in North Carolina. Corruption is flagrant in the legislature. Only in the last six months have Greensboro, Raleigh and Charlotte newspapers begun to reveal just how corrupt. Local talk show hosts are leading the way. It looks like we are going to have to depend on them to add Nifong to the long list of unethical and scandalous behavior

The non-public ceremony really is a non-issue. Making a big deal about such a minor aspect of this whole matter tends to trivialize it and makes those of us in the anti-Nifong crowd seem rabid and unhinged. It reminds me of cable news and round-the-clock coverage of every inconsequential aspect of some pretty white girl's disappearance. There are very important aspects of this matter, and there are trivial aspects. This swearing-in stuff ain't even half a molehill.

My thoughts exactly. I felt pretty bad for Nifong's son who just sat there with his head down. It is not that poor kids fault that his dad is corrupt, delusional and full of himself. I hope that his kid turns out ok.

Where are the Feds?Waiting for the local show to play out. There are lot's of options. General Assembly opens session this month, that will take some of the heat off Mikey, remember we have a Speaker of the House that will probably be Federally indicted. Within 60 days I think we will see this over, except for Nifungu's problems. The Federal file is open the only question is when it will be acted on. Kemp

I suspect this is just more posturing however, I would love hear more about this problem he has revealed and needs to be part of the solution too...or am I just not educated enough to understand social engineering?

In March 2006, a former Assistant U.S. Attorney & a State Department Special Agent were charged with conspiracy, obstruction of justice and making false statements in connection with the 2003 prosecution against two alleged terrorists. (one of which happened to be arrested in North Carolina!)The Prosecutor and Special Agent were indicted by a federal grand jury in Detroit. "A report by a special Justice Department attorney assigned to review the case found that the prosecution had failed to turn over dozens of pieces of evidence to the defense. The "pattern of mistakes and oversights," along with possible misconduct, was so egregious that the government had little choice but to withdraw its case, his report said."THE JUSTICE DEPARTMENT CLAIMED THEY HAD UNCOVERED SERIOUS PROSECUTORIAL MISCONDUCT.http://www.freerepublic.com/focus/f-news/1606231/postsSo, where's the Feds is right! They can't pretend they've heard nothing about Nifong and his wrongdoings.

I think the Feds will wait for the case to be dismissed (soon no doubt), wait for the Bar to act (a little later, hopefully resulting in disbarment/resignation), and then wait for the civil suit. In the civil suit Nifong and company will have to testify under oath in depositions and either (1) take the Fifth, which should interest the feds; (2) tell the truth, which should also interest the feds as it will probably confirm criminal civil rights violation; or (3) lie, which, if it happens in a federal case is itself a federal crime. So don't hold your breath for the feds to appear, but as Kemp observed, their file is open and it won't be closed for a very long time.

kc, where are the feds? good question. as a washinton dc kid myself, i suspect the DOJ is reluctant to get involved in a state matter unless the state shows it just cant or wont act. in light of the nc BAR's complaint, i am guessing the AG will just let this deal perk along awhile and see what happens

RE: where are the feds?......a better question might be, where in the hell is the governor who appointed nifong or for that matter, wheres the legislature? its my understanding the state AG is not authorized to investigate and or disipline/remove DAs who break the law. i havent heard of hearings at the state level, nevermind legislation thats very badly needed

Why didn't this creep Liefong use the deputies to get his son quietly out of the building before the spoke to the media? He has to know that the media would be all over him after pulling the lock the door stunt. What an a-hole. Child endangerment charges anyone?

"When asked who made the call to keep the press out, Nifong replied, “I don’t know that there was such a call.” Then a reporter tries to clarify, “But it wasn’t you?” Nifong replied, “There’s no reason for me to make such a call, I scheduled it at 8:00 knowing full well the courthouse opened at 8:30.”

"Then the sheriff’s deputy is interviewed, Capt. Bill Wrenn, “I went up and asked did they want to let anyone in the building, and I was told no.”

"Anthony Wilson (wtvd11 reporter) then asks, “Who told you no?”

"Capt. Wrenn replies, “I asked Mr. Nifong.”

Sounds like someone forgot to give the Sheriff's Office a copy of the playbook. Meehan, too. I wonder if Ashley Cannon still has hers?

short memories, people---LBJ was sworn in on Airforce One after JFK's assassination-a uniquely non public venue-even if owned by the taxpayers--the famous photo can be found with a simple google inquiry

and as for where are the feds? c'mon guys/ladies--first of all the feds don't intervene in a local prosecution while adequate remedies exist(albeit not yet fully realized) within the state system-remember, the issue at the moment is the 3 players' liberty, not whether Nifong has committed crimes-if(as it plainly appears) Nifong's behavior has compromised the case, it should and will be dealt with by the judge, an appeals court, or the Bar. There is no compelling reason for the feds to preempt the state process.The boys are, after all--and this seems lost in much of the huffing and puffing on this blog-represented by obviously talented and diligent counsel, who are doing what they have been retained to do-namely defend the case and protect their clients' rights.When the time comes, I am sure they will know how to file lawsuits seeking compensation for their clints' harm wrought by Nifong and anyone else who can be proven to have acted maliciously.whether a criminal civil rights or other violation has occurred, will be evaluated on the whole record then.

andreally--do you think that the currentattorney general, who has championed abolition of habeas corpus, sanctioned torture and promoted all the other law enforcement excesses that have come from the "war" on drugs and terror is going to step in to a state rape case where the local judge has yet to even decide evidence suppression issues which may gut what's left of the criminal case? As a former Federal prosecutor, and practising defense attorney, I can tell you I would be astonished if DOJ got involved at this stage.As for the prosecution of the former Asst US Attorney-if you read the case carefully, it was a Federal prosecution in which he and the agent supposedly committed their misdeeds, and many would say (i have no opinion)became a craven political prosecution of an AUSA who made the terminal mistake of embarrassing his superiors both in word and deed.It is, as we lawyers are fond of saying, totally inapposite.And, given the evident ideological bent of many commentators here, it is somewhat paradoxical to hear calls for federal intervention--but then again there are already plenty of strange bedfellows in this sad tale already...

I think the problem that Nifong has helped to reveal is this: there is massive incompetence and corruption at every level of the Durham government.

Nifong can fulfill his wish to be part of the solution by: (1) immediately issuing a public confession to all his crimes; (2) naming those in the police department (and elsewhere in the Durham government) who helped him perpetrate the fraud, and agreeing to testify against them; (3) publicly apologizing to every member of the Duke Lacrosse team and their families; and (4) resigning as DA and stating that he will sign over all future pension or other payments he may receive to the LAX defendants he tried to railroad.

Nifong cannot differentiate when he is lying, or speaking truthfully - it has become a total blur to him - even on inconsequential issues as the 'swearing in'.

To point - it was done so "they" could get to work, and was not "ceremonial".

OK- sounds good, but - since no one from his office attended, don't see how 'office productivity' was affected and - Nifong lollygaaged about after "8:30" when he should have been "working", in his own words.

Its a 'nit' issue, but speaks volumes to his being pathological - pure & simple.

I think that JNR has a good point, and while I really try to avoid commenting on other issues (i.e. Iraq War, behavior of Bush Administration, etc.), I, too, would be surprised to see the feds enter, at least now.

Federal prosecutors tend to be political animals and if a case will enable them to look good, they may try to take it. The Bush Administration might wish to try to curry favor with blacks or act as if it suddenly has discovered federalism, which would discourage them from taking the case.

I can only hope state authorities do what they are supposed to do. As one who has written very critically of federal criminal law and its application, I have not been at the forefront of calling for the feds. Now, I think that given their history of being able to use the law in whatever way they wish, they can move in if they choose. But for the time being, I hope that the NC people just do their jobs.

As for having Nifong caught in another lie, can any reader of this page say he or she is surprised?

Nifong lies freely. Nobody can deny he lies as his statements are inconsistent. Most recently, after claiming that he read a medical report proving rape, he filed papers that said there was no medical evidence of rape. So, he lied today. He needs to keep his supporters in line and as long as he says something, they will repeat it and spout it out as proof that he is right.

Look, there are people freed from death row by judges based on incontravertible DNA evidence, and the prosecutor still claims that the person is guilty. It would take a total and complete beating and jail time to get any reflection out of this monster.

If Nifong keeps dissing and stiffing local NC media like this, even Bob Ashley will remove his tongue from Nifong's asshole.

I give the press a couple of days to ask around of other DAs and find how many blocked the public or press from their swearing ins (not that press or the GP would have flocked to attend).

That said, his barring press from a swearing in was not news. It was openly disrespecting many of his media enablers.What was news was his contuing to be unable to keep his mouth shut even after he slapped the media in the face by locking them out...and proceeding to toss off two delusional remarks, and yet another clumsy lie on why the place was locked to the public. The 3 statements show that the clueless Nifong is blissfully unaware that the miffed press and TV crews will pounce on. At this stage he is tossing them red meat, oblivious that the chunks are coming out of his own worthless hide.***********

Anonymous 3:02 - The difference is the Feds investigated Federal prosecutors. They are more reluctant to investigate local law enforcement misconduct. In 2003, Texas Gov Perry finally pardoned the Tulia, TX blacks who were arrested and burned for false drug charges made up by bad local cops and prosecutors back in 1995. That one was kept in Texas, though the Feds monitored it, because they were confident Texas could clean up their own mess.Of course, at this time, more doubts exist about NC's ability. But it is very, very early in this case by the speed the Fed Gov't moves at - and the pattern is that odds greatly favor them waiting and giving NC agencies and state powers 1st shot at fixing it. And for sure, to wait until trial or dismissal of charges to avoid the Feds themselves prejudicing the mechanisms of State of NC justice, justice oversight, and corrective mechanisms.

****************jnr - Bad example. LBJ was sworn in as fast as expediently possible in an emergency. Bush I was similarly sworn in on a plane without public attendence when Reagan was shot. A world of difference between an unplanned swearing in following an unplanned event, and a planned public ceremony known months ahead of time of a public serbant in a public building.******************Anonymous 5:04

Great post.You list the 5 steps Nifong has to take if he truly wants "healing".

*Holds breath waiting for NIfong to do the right thing**stupidly holds breath*

Even LBJ, after an assination of a sitting President, had enough sense to have members of the press present to document and provide to the public eyewitness accounts of the events that transpired on AF1. That way the public is assured that everything was done above board, with the proper oaths given and sworn to.

Contrast that with Nifong, who refused the public (except for his guests) and the press access. For all we know, he mumbled his responses or crossed his fingers behind his back.

It is really scary that anyone who has worked where he has for as long as he has so plainly expects to get away with it, even now.

That someone so seriously flawed could wield the power of the state for so long and actually get away with it all this time is one side of the coin; that all this experience has taught him that he can manipulate reality to avoid consequence is the other. There is no way that this is the first time he has pulled this sort of thing -- I'll bet he has made a career of it. Thanksfully, it will be the last and we can only hope that others learn from this.

Agree that using the son as a prop in this situation is tantamount to abuse. Too bad it backfired.

KC--gp is right if you haven't read that girls latest than please do. She really is full of hate for the entire lax team. If I remember the last line correctly,[paraphras] she states that when she goes for a job she will be looked over because of the Lax story. But if it was a Lacrosse player going for a job the employer would say " I'm sorry for everything that you have been through and give him the job over her.

Here is my theory of the future of this case. Nifong and Crystal go to court on Feb 5. Nifong already, even today, knows that she can't identify the perpetrators, even though, it was a hoax. That's why he stated to the NYT, that if she can't identify the suspects in court he well move for dismissal (no mention of the flawed line up getting tossed). He puts Crystal on the witness stand and she states, that she is not certain it was these three (being not certain is something she has used before). Nifong moves for dismissal, no cross examination, just a dismissal. Nifong is off the hook, letting the hoax believers, believe something happened and Dave, Collin and Reade off the hook. Now when Nifong will be asked what happened to his case, he can still insist something happened, but the police haven't found any suspects yet. Nifong off the hook, the police on the hook, looking for three more suspects that don't exist, because nothing happened.

Hi KC; Great work again, no surprise. However, you're not serious (are you?), when you suggest that Mike Easley might take ANY action on this issue? He's been a hoax enabler all along, and part of the reason why NC is the current laughing stock of "justice." He is an NCCU grad! He appointed Nifong! Please...there is this little thing we call politics. BUT WORSE, he has a JD and knows the answer to many questions the NCAAP does not. For example; When is it OK to conceal exculpatory evidence?

A. NeverB. When the accuser is BlackC. When up for re-electionD. When you are a delusional demagogue appointed by a do nothing governorE. All of the above, except A

Nifong may not even have an opportunity to put her on the stand and ask that question - that's not what the hearing is about.

She will be examined by the defense re: her 3 photo ID sessions - those are at issue in the Motion.

That, and how the PD came to violate accepted practice for ID sessions as well as their own guidelines for photo IDs. Look for Gottlieb to assume Meehan's role this time. Is he going to take the 5th, or is he going to implicate Nifong? If the latter, there's a very real chance that Nifong will be sworn and take the stand (be still my heart! :). lol

I'd really be surprised if she's asked to ID them on Feb 5. What's the purpose of a meaningless ID 10 months later (which is the point of the 2nd part of the Motion - no court ID if it goes to trial)?

But, I don't think it's going to get that far - read the 3rd paragraph again. There's no way that the Judge can allow Nifong to examine or cross anyone who's in a position to implicate him (that old conflict of interest rearing its ugly head again). That's why I think he'll be recused by the Judge well before Feb 5.

Just in case the NC NAACP is reading, a couple more multiple choice questions:

When is it OK to libel or slander the defendants?

A. When the accuser is a Jessie Jackson ScholarB. When they're athletes who party hardyC. When they're students from a University everyone loves to hateD. When your initials are WM, VP, or MN. E. None of the above

When is OK to grant interviews to the MSM?

A. To encourage death threats from hate groupsB. To get a couple extra votes from CM (he wields many)C. To get a plug from DW D. To guarantee the jury understands and resonates with the objectivesE. B and D

Durham-in-Wonderland, by Brooklyn College Prof. KC Johnson. And here's a definitive piece from the Wall Street Journal editorial page by Johnson and Stuart Taylor, the evenhanded and careful legal writer for National Journal. Johnson and Taylor are apparently writing a book on the case, and I'm sure it will be terrific.

Nifong could tell the court, if he is still handling the case that Crystal, cannot with certainty identify the current suspects as her attackers and move for dismissal. That would still leave the police with a crime to solve and still gets him off the hook. At this point in time, he wants to survive and retire. No defense attorney would turn down a dissimal. This would also give Nifong backers, that "something happened"

That's a pretty likely scenarion, WJD, if, as you say, Nifong is still on the case. I really don't think he will be past mid-January at the latest.

The cool thing is - if your scenario plays out, or if the Judge recuses him, it won't save his ass. Too much heat to let him off now. The harm's been done, and he'll still face Bar sanctions and possible criminal charges.

gprestonian: I know that Nifong is in big trouble, but this sort of action, will let him survive a little longer. Perhaps long enough for him to retire. I know in most places it is like working for the feds 25 at 55. You can retire at 55 with 25 years of service. Perhaps in NC it is 30 at 60, but this could help him hang in there a little bit longer.

To 8:05 pm:I totally agree that Gov. Mike Easley has been AWOL during this whole mess. While he does not have any direct line authority over Nifong and other DAs once they are elected or appointed, he could at least speak out about the matter. If he is too embarassed to criticize Nifong (whom he appointed), then at least let him lead the charge for legal reform in NC so such abuses don't happen again. He is showing a real lack of leadership and it will come back to haunt him.

The question I keep coming back to is why does the Fong keep spouting the same lies and what makes him so arrogant in his conflicting, opaque, and seemingly stupid responses to the hard questions being asked by the media ? Today was just another prime example in a littany of Nifong double speak.

Other than pure stupidity, the only other answer I can arrive at is that the Fong has cut some type of back room political deal with the Governor and the State Bar. This may be off base, but I suspect that the Fong has some sort of political protection at the highest levels in NC. I'm waiting to see the end game to this tragedy and I'm afraid the Fong may escape the justice he deserves. Afterall, in NC as in Louisiana, "its jus bidness".

both of you have done a great job reporting on this case. many people owe you much.

i hope that you will not stop your efforts once the case has been dismissed because it is only evidence of a broader problem. white and white males even more so have become the acceptable whipping boy of the msm, academic left and "social justice/civil rights" organizations.

the truth doesn't matter to these groups so long as white males are punished for being white. i hope that you will continue the battle against the academnic left, the ethnic studies depts and calling attention to the civil rights organizations that have lost their moral compass.

each of these groups one by one either has or will toss nifong under the bus. they'll blame this all on him. they'll say that he misled them. they'll say that his investigation was shoddy and that he used them. and the supreme irony of all of this is that he too is an acceptable casualty in their movement because he too is a white male. while he certainly deserves whatever is coming to him, and probably more than that, i hope that you two will not let those groups off so easily.

no one made the group of 88 publish their statement. and why didn't the media ask the more important question in may, which would have been, "why is this DA making these types of statments (hooligans) in public before he has indictments." And why didn't they act more aggressively in putting together the misleading statements (eg that condoms were used when he knew well before that the accuser specifically said they were not - we all found out he knew this was a lie over the summer I believe). Why didn't the press, the academics the hate crime advocates speak out against chan roberts statement that the boys should go to jail whether they raped the woman or not because it would be justice for the past.

there are so many leads and so many questions that all of these groups ignored because the accused were white - that, friends, is simple and obvious.

please continue to explore these questions and hold these people's feet to the fire. And thanks for all that you've done so far.

I have thought about that as this case moves toward a finish. One thing is that I am the sole income producer in the house, and I have a wife and three young children. While Frostburg pays me a good salary, it does not cover everything, so I also have to make money on the side, mostly with working with an Internet-based university and also writing for pay.

The problem is that the Duke story has completely swallowed all my non-class time, and I have not been able to do much in terms of academic papers and articles for pay. (During a given year, I will publish at least three or more academic papers, and many more popular articles.)

In other words, this case has cost me a lot of income, and I am going to have bills to pay. Given that, it is hard to know what to do. I have thought of writing on other cases, and most likely will do that. For example, there is a case of a wrongfully-convicted black man in Mississippi who recently had a death sentence (but not the conviction itself) overturned. I'd like to write on that, as well as the Marty Tankleff case in New York.

Believe me, I never have seen anything like this Duke case, and it has sucked the wind out of literally everything else I have done. My kids hate the case and my wife is not happy with it, either, although she is tolerant.

In short, I am not sure where to go with all of this. K.C. and Stuart have the book deal, so we know how they will be spending their nights, but I am not sure what to do with all of my material. I have some ideas, and I am presenting a paper this spring, developing an economic analysis of why courts are susceptible to hoaxes. (I am an economist in another life, and I do have a day job....)

Anyway, that is a long-winded answer to a long question. Short answer: I don't know where I will take all of this.

To be honest, the personal angle drives me, also. Here is a prosecutor who openly lies, breaks the law, and laughs about it. He has a "You can't touch me because I own Durham County" attitude, and "I'll prosecute and convict who I want," and "Who needs evidence?"

Nifong is so in-your-face that it is impossible to avoid him. I already had an interest in malicious and wrongful prosecution cases, and when Nifong began to throw down the gauntlet, I figured, why not?

Now, I have not managed to do near the damage that KC and the other bloggers have done, not to mention the attorneys, but I have done what I could.

He never counted on a literal army coming after him, and I want to see it to the end. It is not business; it's personal.

> To be honest, we would have ripped> fong a new one no matter what choice> he made on the ceremony

So it is, and I must say that I find the circumstances of this day rather appropriate, and so is the commenting here. This man has sold his soul to have just this one ceremony. He got it -- but not in the way he had pictured it.

Anonymous wrote at 6:23 PM:

> It is really scary that anyone who> has worked where he has for as long> as he has so plainly expects to get> away with it, even now.

Judging from your atrocious prose (forget prose, you can't even spell the Latin accusative "nauseam") and your inability to construct a persuasive argument, I'd guess you are an upper-middle class black woman who was admitted to Duke under "affirmative action."

You will go through life thinking you're a genius and blaming whitey for all your setbacks. I'd do the same if I possessed your cognitive wherewithal.

By the way, Dhadee, this case has absolutelt nothing to do with lacrosse.

Seems to me that Mike Nifong is doing a spectacular job of crashing and burning without the AG's help. The NC Bar Association is disciplining him, and the formerly adoring press is teeing off on Nifong. No doubt judges will be doing the same in a few days.

All an intervention by Gonzalez would do at this point is relieve Nifong from the worst day of his life: the day when he takes this case to court and either asks the judge to drop the charges or is obliged to make the argument to a skeptical judge on why the defense's motion for immediate summary dismissal of all counts should not be granted.

I would not relieve Nifong of having that day for all the gold in Fort Knox!

wjdI could identify the perps and I've never even been to North Carolina! Who doesn't know the faces of these 3 students by now? Who's to say she hasn't been studying their faces for the last 9 months! (in between stripping gigs of course). I think that's why Nifong said what he said,so that it looks as though he has no choice but to move forward because she can IDENTIFY them! Then he'll keep his fingers crossed that no one remembers that his ID stint allowed her to "pick a rapist, any rapist!"

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I am from Higgins Beach, in Scarborough, Maine, six miles south of Portland. After spending five years as track announcer at Scarborough Downs, I left to study fulltime in graduate school, where my advisor was Akira Iriye. I have a B.A. and Ph.D. from Harvard, and an M.A. from the University of Chicago. At Brooklyn College and the CUNY Graduate Center, I teach classes in 20th century US political, constitutional, and diplomatic history; in 2007-8, I was Fulbright Distinguished Chair for the Humanities at Tel Aviv University.

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"From the Scottsboro Boys to Clarence Gideon, some of the most memorable legal narratives have been tales of the wrongly accused. Now “Until Proven Innocent,” a new book about the false allegations of rape against three Duke lacrosse players, can join these galvanizing cautionary tales . . , Taylor and Johnson have made a gripping contribution to the literature of the wrongly accused. They remind us of the importance of constitutional checks on prosecutorial abuse. And they emphasize the lesson that Duke callously advised its own students to ignore: if you’re unjustly suspected of any crime, immediately call the best lawyer you can afford."--Jeffrey Rosen, New York Times Book Review